AGY-4122 | Special Commission of Inquiry into the Campbelltown and Camden Hospitals

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On 11 December 2003, Bret Walker SC was appointed Special Commissioner by Letters Patent issued under the Special Commissions of Inquiry Act, 1983 [Act No.90, 1983] to inquire into and report on allegations of unsafe or inadequate patient care at Campbelltown and Camden Hospitals.(1) In December 2003, Ms Gail Furness was appointed Counsel Assisting the Inquiry and Ms Jayne Jagot and Mr Patrick Griffin were briefed by the Inquiry in February and March 2004 respectively to undertake specific tasks on an “as needs” basis.(2) The Letters Patent were amended on 21 January 2004 to encompass all the nurses who had made relavant allegations about patient care at the two hospitals. On 10 March 2004, the Letters Patent were again amended to include the treatment received by Vera Lalic and her baby. The final amendment to the Letters Patent was made on 23 April 2004, and required the Commissioner to report to the Governor by 31 July 2004.(3) The Special Commission’s terms of reference were to inquire into and report to the Governor on the following matters:
1) allegations of unsafe or inadequate patient care or treatment at Campbelltown or Camden Hospitals made previously or during the course of the Special Commission’s Inquiry by existing and former staff of Campbelltown and Camden Hospitals; allegations investigated by the Health Care Complaints Commission and reported in its Investigation Report of Campbelltown and Camden Hospitals in December 2003; and complaints that were made to the Health Care Complaints Commission about the care and treatment of Vera Lalic and her baby; 2) any further action which should be taken as a result of findings under matter (1), including but not limited to: referral of any matter to any other person or body for prosecution or disciplinary or other investigative action; and changes in regulatory arrangements or the administration of the Health Care Complaints Commission to ensure that effective mechanisms exist to address complaints concerning individual and institutional health service providers.(4) Following the announcement of the Inquiry, a secretariat was established in a special purpose area of the Crown Solicitor’s Office in Sydney. After the Crown Solicitor was engaged by the then Acting Commissioner of the Health Care Complaints Commission (HCCC) to advise on issues raised by the HCCC’s investigation of complaints (and from matters which would arise from the Special Commission), the Special Commission’s integrity was preserved by preventing access to the Inquiry’s records and offices by staff of the Crown Solicitor’s Office.(5) On 17 December 2003, the Special Inquiry established a website to post all significant information concerning the progress of the Inquiry, including the Terms of Reference, the contact details for the Solicitor to the Inquiry, notices and transcripts of the Inquiry’s public hearings and public forums, and copies of the Inquiry’s Interim Reports.(6) Advertisements requesting information or views about matters falling within the Commission’s Terms of Reference were placed in the local and state press in December and January 2004. By July 2004, 142 submissions had been received from persons and organisations. In early 2004, the Inquiry held interviews and a private hearing as well as public hearings over six days. The Inquiry issued the first Interim Report on 31 March 2004. The Report recommended that the conduct of twelve medical practitioners be investigated by the Health Care Complaints Commission and a further five practitioners be referred by the Health Care Complaints Commission to the Medical Board.(7) The Inquiry’s second Interim Report was issued on 1 June 2004 and followed the completion of the Inquiry’s review of the 48 identified clinical incidents that were the subject of the Health Care Complaints Commission’s Investigation Report into the Macarthur Health Service. The Commissioner recommended the doctors and nurses identified in a confidential annexure be investigated, or have their performance assessed.(8) The Special Commission of Inquiry’s Final Report was released on 30 July 2004 and in addition to the 17 suggestions for legislative change made in Chapter 4 of the Report, the Commissioner made five recommendations regarding the analysis of problems, the investigation of complaints, and the availability of documents created from the analysis and investigation.(9) ENDNOTES
1. Final Report of the Special Commission of Inquiry into Campbelltown and Canden Hospitals, Bret Walker SC, 30 July 2004, p168.
2. ibid., p169.
3. ibid., p168.
4. ibid., p167.
5. ibid., p168.
6. Website address was http://www.lawlink.nsw.gov.au/special_commission. It would appear this site has been removed because it could not be located on 19/1/2005.
7. Final Report of the Special Commission of Inquiry into Campbelltown and Canden Hospitals, Bret Walker SC, 30 July 2004, p174.
8. loc. cit.
9. The Report’s recommendations can be found on page 213.